Personnel Issues New County Officers School January 20, 2005

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Personnel Issues New County Officers School
January 20, 2005

• David Vestal
• General Counsel
• ISAC
• dvestal_at_iowacounties.org
• [phone]

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• FLSA

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Executive Exemption

• Must meet all of these tests
• Must make at least 23,660
• Primary duty must be managing the enterprise, or
  managing a customarily recognized department or
  subdivision of the enterprise.
• Must regularly direct the work of at least two
  other full-time employees.
• Must have the authority to hire others.

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Administrative Exemption

• Must meet all of these tests
• Must make at lease 23,660.
• Primary duty must be the performance of office or
  non-manual work directly related to the
  management of the enterprise.
• Primary duty included the exercise of discretion
  and independent judgment with respect to matters
  of significance.

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Professional Exemption

• Must meet all of these tests
• Must make at lease 23,660.
• Primary duty must be the performance of work
  requiring advanced knowledge,
• The advanced knowledge must be in the field of
  science or learning.
• The advanced knowledge must be customarily
  acquired by a prolonged course of specialized
  intellectual instruction.

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Termination
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• The disciplining and termination of employees in
  your office is up to you, not the board of
  supervisors.

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• Iowa is an employment at will state. This
  generally means that an employee can be fired for
  any lawful reason at any time.

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• There are many exceptions to this rule. For
  instance, an employee cannot be fired for
• Fulfilling jury duty
• Engaging in union activities
• Whistle blowing
• Filing a workers comp claim or
• Filing for partial unemployment.

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Veterans Preference

• Veterans cannot be fired except for incompetence
  or misconduct shown at a hearing. They are also
  entitled to pre-termination notice.

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• Enforceable contracts can be
• created by employee handbooks
• or personnel manuals.

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I further understand that these Personnel
Policiesdo not create a contract of employment
between myself and Story County. Furthermore, I
do not claim this to be so, nor will I ever make
a later claim or assertion that there is such a
contract between myself and Story County.
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• County employees who have
• been fired due to allegations of
• dishonesty or immorality need to
• be given an opportunity to refute
• the charges. A post-termination
• name clearing hearing is
• sufficient.

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Patronage Terminations
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• Can someone who wins a
• County auditor race come in
• and fire all of the employees in
• the office who worked against
• them in the campaign?

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• In Elrod v. Burns, 427 U.S. 347
• (1976) and Branti v. Finkel, 445
• U.S. 507 (1980), the Supreme
• Court ruled that the First
• Amendment prohibits government
• officials from discharging public
• employees solely for not being
• supporters of a political party in
• power.

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Newly-elected county officials generally cannot
fire existing office staff due to political
affiliation.
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Current office workers are generally going to be
at-will employees that can be fired at any time
for any legal reason. But you cannot fire them
because they belong to the wrong political party.
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There is an exception to that rule, however.
Its based on a federal lawsuit from southern
Iowa called Deemer v. Durrell. The court upheld
the firing in a situation where the lack of
trust between the employees would clearly impede
the efficient performance of duties in the
recorders office.
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So if you can prove that the performance of
duties in your office has suffered, and it is a
small office, maybe you can fire an opponent, but
generally, no.
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• You must document in your
• records the conduct that led to
• the termination.

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• Dont give positive performance
• evaluations if you dont mean it.

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• Check to see if your county
• uses certificates of appointment.
• Iowa Code section 331.903(2).

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Before terminating an employee, county officials
need to consider

• Is the employee covered by a collective
  bargaining agreement?
• Is the employee a veteran?
• Is the employee covered by an written employment
  contract?
• Is the employee being terminated for a reason
  contrary to public policy?

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Contd

• Is the employee protected by any special statute
  such as the whistle blower statute?
• Is the employee being terminated due to his/her
  age, religion, sex, disability or race?
• Is the termination prohibited by the countys
  employee handbook/personnel policies?

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Go back and check on two things

• Do you use written job application forms for all
  county positions, and do those job applications
  ask if someone is a veteran?

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• Do you have a county employee handbook or
  personnel policies? If so, make sure the
  handbook has language in it saying that this
  handbook does not constitute a contract, all
  employees are at will.